| CHAPTER
X
MISCELLANEOUS |
| Power of
Central Government to issue directions to Bureau |
46 |
(1) Without prejudice
to the foregoing provisions of this Act, the Bureau
shall, in exercise of its powers or the performance
of its functions under this Act, be bound by such
directions on questions of policy as the Central Government
may give in writing to it from time to time:
Provided that the Bureau shall, as far as practicable,
be given an opportunity to express his views before
any direction is given under this sub-section. |
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(2) The decision
of the Central Government, whether a question is one
of policy or not, shall be final. |
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| Power of Central Government
to supersede Bureau |
47 |
(1) If at any time the Central Government
is of opinion - |
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(a) that on account
of grave emergency, the Bureau is unable to discharge
the functions and duties imposed on it by or under
the provisions of this Act; or |
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(b) that the Bureau
has persistently made default in complying with any
direction issued by the Central Government under this
Act or in discharge of the functions and duties imposed
on it by or under the provisions of this Act and as
a result of such default, the financial position of
the Bureau had deteriorated or the administration
of the Bureau had deteriorated; or |
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(c) that circumstances
exist which render it necessary in the public interest
so to do, the Central Government may, by notification,
supersede the Bureau for such period, not exceeding
six months, as may be specified in the notification |
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(2) Upon the publication of a notification
under sub-section (1) superseding the Bureau - |
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(a) all the members referred to in
clauses (o), (p) and (q) of sub-section (2) of section
4 shall, as from the date of supersession, vacate
their offices as such; |
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(b) all the powers, functions and
duties which may, by or under the provisions of this
Act, be exercised or discharged by or on behalf of
the Bureau, shall until the Bureau is reconstituted
under sub-section (3), be exercised and discharged
by such person or persons as the Central Government
may direct; and |
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(c) all property owned or controlled
by the Bureau shall, until the Bureau is reconstituted
under sub-section (3), vest in the Central Government.
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(3) On the expiration of the period
of supersession specified in the notification issued
under sub-section (1), the Central Government may
reconstitute the Bureau by a fresh appointment and
in such case any person or persons who vacated their
offices under clause (a) of sub-section (2), shall
not be deemed disqualified for appointment: |
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Provided that the Central Government
may, at any time, before the expiration of the period
of supersession, take action under this sub-section |
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(d) the Central Government shall
cause a notification issued under sub-section (1)
and full report of any action taken under this section
and the circumstances leading to such action to be
laid before each House of Parliament at the earliest. |
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48 |
(1) Where a company makes a default
in complying with the provisions of clause (c) or
clause (d) or clause (h) or clause (i) or clause (k)
or clause (l) or clause (n) or clause (r) or clause
(s) of section 14 or clause (b) or clause (c) or clause
(h) of section 15, every person who at the time of
such contravention was incharge of, and was responsible
to the company for the conduct of the business of
the company, as well as the company, shall be deemed
to have acted in contravention of the said provisions
and shall be liable to be proceeded against and imposed
penalty under section 26 accordingly: Provided that
nothing contained in this sub-section shall render
any such person liable for penalty provided in this
Act if he proves that the contravention of the aforesaid
provisions was committed without his knowledge or
that he exercised all due diligence to prevent the
contravention of the aforesaid provision. |
Default by companies |
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(2) Notwithstanding anything contained
in sub-section (l), where any contravention of the
provisions of clause (c) or clause (d) or clause (h)
or clause (i) or clause (k) or clause (l) or clause
(n) or clause (r) or clause (s) of section 14 or clause
(b) or clause (c) or clause (h) of section 15 has
been committed with the consent or connivance of,
or in attributable to, any neglect on the part of
, any director, manager, secretary or other officer
of the company, such director, manager, secretary
or other officer shall also be deemed to have contravened
the said provisions and shall be liable to be proceeded
for imposition of penalty accordingly. Explanation
– For the purposes of this section, “company” means
a body corporate and includes a firm or other association
of individuals. |
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| 43 of 1961 |
49 |
Notwithstanding anything contained
in the Income-tax Act, 1961 or any other enactment
for the time being in force relating to tax on income,
profits or gains - |
Exemption from tax on income |
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(a) the Bureau; |
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(b) the existing Energy Management
Centre from the date of its constitution to the date
of establishment of the Bureau,
shall not be liable to pay any income tax or any tax
in respect of their income, profits or gains derived.
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| Protection of action taken in good
faith |
50 |
No suit, prosecution or other legal
proceedings shall lie against the Central Government
or Director-General or Secretary or State Government
or any officer of those Governments or State Commission
or its members or any member or officer or other employee
of the Bureau for anything which is in good faith
done or intended to be done under this Act or the
rules or regulations made thereunder. |
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| Delegation |
51 |
The Bureau may, by general or special
order in writing, delegate to any member, member of
the committee, officer of the Bureau or any other
person subject to such conditions, if any, as may
be specified in the order, such of its powers and
functions under this Act (except the powers under
section (58) as it may deem necessary |
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| Power to obtain information |
52 |
Every designated consumer or manufacturer
of equipment or appliances specified under clause
(b) of section 14 shall supply the Bureau with such
information, and with such samples of any material
or substance used in relation to any equipment or
appliance, as the Bureau may require. |
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| Power to exempt |
53 |
If the Central Government or
the State Government is of the opinion that it is
necessary or expedient so to do in the public interest,
it may, by notification and subject to such conditions
as may be specified in the notification, exempt
any designated consumer or class of designated consumers
from application of all or any of the provisions
of this Act:
Provided that the Central Government
or the State Government, as the case may be, shall
not grant exemption to any designated consumer or
class of designated consumers for the period exceeding
five years:
Provided further that the Central
Government or State Government, as the case may
be shall consult the Bureau of Energy Efficiency
before granting such exemption. |
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| Chairperson, Members, officers and
employees of the Appellate Tribunal, Members of State
Commission, Director-General, Secretary, members,
officers and employees to be public servants. |
54 |
The Chairperson of the Appellate
Tribunal or the Members of the Appellate Tribunal
or officers or employees of the Appellate Tribunal
or the members of the State Commission or the members,
Director-General, Secretary, officers and other employees
of the Bureau shall be deemed, when acting or purporting
to act in pursuance of any of the provisions of the
Act, to be public servants within the meaning of section
21 of the Indian Penal Code. |
45 0f 1860 |
| Power of Central Government to issue
directions. |
55 |
The Central Government may give directions
to a State Government or the Bureau as to carrying
out into execution of this Act in the State |
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| Power of Central Government to make
rules. |
56 |
(1) The Central Government may, by
notification, make rules for carrying out the provisions
of this Act. |
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(2) In particular, and without prejudice
to the generality of the foregoing power, such rules
may provide for all or any of the following matters,
namely:- |
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(a) such number of persons to be
appointed as members by the Central Government under
clauses (o), (p) and (q) of sub-section (2) of section
4; |
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(b) the fee and allowances to be
paid to the members under sub-section (5) of section
4; |
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(c) the salary and allowances payable
to the Director-General and other terms and conditions
of his service and other terms and conditions of service
of the Secretary of the Bureau under sub-section (4)
of section 9; |
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(d) the terms and conditions of service
of officer and other employees of the Bureau under
sub-section (2) of section 10; |
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(e) performing such other functions
by the Bureau, as may be prescribed, under clause(u)
of sub-section (2) or section 13; |
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(f) the energy consumption norms
and standards for designated consumers under clause
(g) of section 14; |
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(g) prescribing the different norms
and standards for different designated consumers under
the proviso to clause (g) of section 14; |
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(h) the form and manner and the time
within which information with regard to energy consumed
and the action taken on the recommendations of the
accredited energy auditor be furnished under clause
(k) of section 14; |
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(i) the form and manner in which
the status of energy consumption be submitted under
clause (l) of section 14; |
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(j) the minimum qualification for
energy managers under clause (m) of section 14; |
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(k) the form and manner for preparation
of scheme and its implementation under clause (o)
of section 14; |
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(l) the energy conservation building
codes under clause (p) of section 14; |
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(m) the matters relating to inspection
under sub-section (2) of section 17; |
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(n) the form in which, and the time
at which, the Bureau shall prepare its budget under
section 22; |
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(o) the form in which, and the time
at which, the Bureau shall prepare its annual report
under section 23; |
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(p) the form in which the accounts
of the Bureau shall be maintained under section 25; |
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(q) the manner of holding inquiry
under sub-section (l) of section 27; |
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(r) the form of and fee for filing
such appeal under sub-section (2) of section 31; |
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(s) the salary and allowances payable
to and other terms and conditions of service of the
Chairperson of the Appellate Tribunal and Member of
the Appellate Tribunal under section 35; |
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(t) the salary and allowances and
other conditions of service of the officers and other
employees of the Appellate Tribunal under sub-section
(3) of section 39; |
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(u) the additional matters in respect
of which the Appellate Tribunal may exercise the powers
of a civil court under clause (i) of sub-section (2)
of section 40; |
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(v) any other matters which is to
be, or may be, prescribed, or in respect of which
provision is to be made, or may be made by rules.
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57 |
(1) The State Government may, by
notification, makes rules for carrying out the provisions
of this Act and not inconsistent with the rules, if
any, made by the Central Government |
Power of State Government to make
rules |
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(2) In particular, and without prejudice
to the generality of the foregoing power, such rules
may provide for all or any of the following matters,
namely: - |
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(a) energy conservation building
codes under clause (a) of section 15; |
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(b) the form, the manner and the
period within which information with regard to energy
consumption shall be furnished under clause (h) of
section 15; |
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(c) the person or any authority who
shall administer the Fund and the manner in which
the Fund shall be administered under sub-section (4)
of section 16; |
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(d) the matters to be included for
the purposes of inspection under sub-section (2) of
section 17 |
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(e) any other matter which is to
be, or may be, prescribed, or in respect of which
provision is to be made, or may be made, by rules.
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| Power of Bureau to make regulations |
58 |
(1) The Bureau may, with the previous
approval of the Central Government and subject to
the condition of previous publication, by notification,
make regulations not inconsistent with the provisions
of this Act and the rules made thereunder to carry
out the purposes of this Act. |
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(2) In particular, and without prejudice
to the generality of the foregoing power, such regulations
may provide for all or any of the following matters,
namely:- |
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(a) the times and places of the meetings
of the Governing Council and the procedure to be followed
at such meetings under sub-section (1) of section
5; |
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(b) the members of advisory committees
constituted under sub-section (2) of section 8; |
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(c) the powers and duties that maybe
exercised and discharged by the Director-General of
the Bureau under sub-section (6) of section 9; |
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(d) the levy of fee for services
provided for promoting efficient use of energy and
its conservation under clause (n) of sub-section (2)
of section 13; |
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(e) the list of accredited energy
auditors under clause (o) of sub-section (2) of section
13; |
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(f) the qualifications for accredited
energy auditors under clause (p) of sub-section (2)
of section 13; |
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(g) the manner and the intervals
or time in which the energy audit shall be conducted
under clause (q) of sub-section (2) of section 13; |
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(h) certification procedure for energy
managers under clause (r) of sub-section (2) of section
(13); |
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(i) particulars required to be displayed
on label and the manner of their display under clause
(d) of section 14; |
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(j) the manner and the intervals
of time for conduct of energy audit under clause (h)
or clause (s) of section 14; |
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(k) the manner and the intervals
of time for conducting energy audit by an accredited
energy auditor under clause (c) of section 15; |
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(l) any other matter which is required
to be, or may be, specified. |
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| Rules and regulations to be laid
before Parliament and State Legislature |
59 |
(1) Every rule made by the Central
Government and every regulation made under this Act
shall be laid, as soon as may be after it is made,
before each House of Parliament while it is in session,
for a total period of thirty days which may be comprised
in one session or in two or more successive session,
and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the
rule or regulation, or both Houses agree that the
rule or regulation should not be made, the rule or
regulation shall thereafter have effect only in such
modified form or be of no effect, as the case may
be; so however that any such modification or annulment
shall be without prejudice to the validity of anything
previously done under that rule or regulation. |
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(2) Every rule made by the State
Government shall be laid, as soon as may be after
it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature
consists of one House, before that House. |
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| Application of other laws not barred. |
60 |
The provisions of this Act shall
be in addition to, and not in derogation of, the provisions
of any other law for the time being in force. |
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62 |
The provisions of this Act shall
not apply to the Ministry or Department of the Central
Government dealing with Defence, Atomic Energy or
such other similar Ministries or Departments undertakings
or Boards or institutions under the control of such
Ministries or Departments as may be notified by the
Central Government. |
Provisions of Act not to apply in
certain cases |
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(1) If any difficulty arises
in giving effect to the provisions of this Act,
the Central Government may, by order, published
in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as
may appear to be necessary for removing the difficulty:
Provided that no such order shall
be made under this section after the expiry of two
years from the date of commencement of this Act.
(2) Every order made under this
section shall be laid, as soon as may be after it
is made, before each House of Parliament. |
Power to remove difficulty. |
